Lawyers, Answer Questions  & Get Points Log In
Ohio Questions & Answers
1 Answer | Asked in Contracts for Ohio on
Q: purchased a house that has a lifetime waterproofing on basement. It leaks and the company won't return calls. Rights?
Joseph Jaap
Joseph Jaap answered on Sep 25, 2020

Determine if the warranty was transferable. Just because it was lifetime, that might have only been to the prior owner. It might not transfer to a subsequent purchaser. And even if it is transferable, there might have been some requirements to register and transfer the warranty. Pull out the... Read more »

1 Answer | Asked in Juvenile Law for Ohio on
Q: How much time can a juvenile get for 17 breaking an entering charges in ohio
Joseph Jaap
Joseph Jaap answered on Sep 25, 2020

Use the Find a Lawyer tab to retain a local criminal attorney to represent you and advise you what your local court might impose.

2 Answers | Asked in Immigration Law for Ohio on
Q: Can I file I-485 when my spouse is traveling outside US?

Hi,

Me and my spouse have valid medical tests and the appropriate 485 paperwork done in the USA. Can I file I-485 with my spouse being outside USA?

Adan Vega
Adan Vega answered on Sep 24, 2020

Your spouse must be physically present in the U.S. if she/he wishes to file the FORM I-485 with USCIS. Moreover, your spouse must be eligible to adjust status with USCIS prior to filing the FORM I-485.

View More Answers

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I been paying rent and my landlord said she would like us to be out in October 31 because she said she has to sell it

They aren't devoiced yet she said it's part of her separation agreement

Joseph Jaap
Joseph Jaap answered on Sep 24, 2020

If you don't have a written lease, but are a month to month tenant, landlord can terminate your occupancy at the end of any month by giving at least 30 days' written notice. It must be in writing. Verbal notice is not valid. So don't tell her that. Having a tenant in the property... Read more »

1 Answer | Asked in Family Law and Probate for Ohio on
Q: What if I found out my gpa’s wife screwed all of us out of an inheritance by filing the wrong will 2 years after he died

I don’t have a copy of the updated will but I was at his home when a lawyer came to the house to update it for him. He looked me in my eyes and said “I don’t want to leave you with nothing.” He had substantial means. I obtained a copy of the will filed in probate court and it’s from the... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 24, 2020

You'll have to contact a TN probate attorney in the county where the probate court that handled his case located. The lawyer can review all the facts and advise you. You'd probably have to be able to find the updated will to be able to have any basis to proceed. Use the Find a Lawyer... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Hi, I'm wanting to change my daughter's last name and I'm wondering what that whole process is and how much it is.
Joseph Jaap
Joseph Jaap answered on Sep 24, 2020

The probate court in the county where you live handles that. Check their web site for the forms and the process to follow. They will notify her father to get his consent.

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: Iij am asking for an elderly friend. His land lord is terminating his lease.. but the tenant does not want this..

He has lived here over 20 years. I know the land lord is terminating this lease because he cant raise the rent to what he gets from new tenants.. he also has wants to make renovations on this apartment. Wich I understand. But does my friend have to be homeless because of the landlords needs

Joseph Jaap
Joseph Jaap answered on Sep 24, 2020

If the tenant's lease is not expiring, landlord cannot make him leave until the end of the lease term. But if the tenant's lease is expiring, then unless the lease gives tenant an automatic renewal or a right to renew, landlord is not under any obligation to renew or extend the lease... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: My daughter is 17 and moved out while I was not home - how can I legally make her move home?

She is still going to school, good grades, but does not want to live at home with me. I am her mother and have sole custody. She also took her car but it is in my name.

Joseph Jaap
Joseph Jaap answered on Sep 24, 2020

Contact her school to see if she is there. Check the school parking lot for your car. If it is there, take it home with you and park it where she can't get it or find it. If she is not at school, advise the school and also contact your local children's services office. You can also... Read more »

1 Answer | Asked in Probate for Ohio on
Q: Refunds to a POD account become estate assets? POD Beneficiary liable for taxes on unpaid loan? Medical bills?

My dad died with only a small bank account ($10,000) with a POD account which is now on hold until death certificate. There will be a refund from a preneed funeral account and a refund of rent from his assisted living facility. Since both were paid out of the POD bank account and that is the only... Read more »

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Sep 24, 2020

This is why no one should try DIY administration. Hopefully you have not exposed the estate assets to creditors by paying bills from his POD account prior to transferring it to your name. Estate assets can be protected from creditors (except funeral bills) by waiting 6 months to open estate, but... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: i have a small claims court date coming up. but i have the funds can i pay this off before the court date
Joseph Jaap
Joseph Jaap answered on Sep 23, 2020

You can try to work out a settlement with the plaintiff to make payment and get a dismissal. But get it in writing in a settlement agreement signed by plaintiff. Use the Find a Lawyer tab to retain a local attorney.

1 Answer | Asked in Probate for Ohio on
Q: How to find out if there is a will

My father died unexpectedly last year. My mother immediately got rid of all of his documents and computer. She swears that he did not have a will. She refused to post an obituary for him in newspapers, etc. My two siblings and I found 3 signed checks written out to us from my father in his desk... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 22, 2020

You would have to try to find the lawyer that might have prepared his will, and then hope the lawyer retained the original. A copy of the will might work, but maybe not. But if you don't know where to start looking for the attorney, it might be impossible to find out. It might be too late... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: The monthtomonth is signed with the man, the girlfriend is not named. Now she is in the apt, he is out by restr. order

They both want to pay next month and have the apt, but not together. We want them both to move, and gave the 30 day termination notice to both Lessee and occupants, but who should we accept rent from for the final month? Are we obligated to deal only w/ him as the technical Lessee? If we take her... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 22, 2020

A month to month lease runs on a calendar month if rent is normally due on the 1st. So a 30 day notice terminates the lease on the last day of the month. Notice given now would terminate the lease on Oct. 31. If they are not out on Nov. 1, then give a 3 day notice to vacate, and if they... Read more »

1 Answer | Asked in Bankruptcy and Personal Injury for Ohio on
Q: chapter 11 bankruptcy and disability payments.

I injured myself at the beginning of May and I’ve been off work since then. I have a return date of October 31. I initially filed a workers comp claim but that was denied, appealed, and denied again. So I’m moving on to a disability claim. No one is disputing that I’m injured. The dispute was... Read more »

Timothy Denison
Timothy Denison answered on Sep 21, 2020

Yes, file a proof of claim for everything g you’re owed.

1 Answer | Asked in Contracts and Construction Law for Ohio on
Q: How long does a contractor have to hold his price, if the proposal was signed and accepted and no T&C's are on proposal?

I received a proposal on 07/28/20 for a pole barn to be built. Prior to the contractor ordering the material package, we had to obtain engineered drawings and a building permit per the contractors verbal instruction. I signed and accepted the proposal same day. Today, I received a revised quote... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 21, 2020

There is no specific law. If you don't agree to the increase, the contractor is unlikely to build your project. You could claim a breach of contract, select another contractor, and if the other contractor charges more for the same construction, you could sue the first contractor for the... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Ohio on
Q: Does Ohio protect in home daycare businesses from HOA community bylaws?

Daycare is not licensed

Joseph Jaap
Joseph Jaap answered on Sep 21, 2020

Some HOA declarations and bylaws prohibit conducting a trade or business in the home, and those restrictions can be valid. Use the Find a Lawyer tab to retain a local real estate attorney who can review the HOA and advise you.

1 Answer | Asked in Probate for Ohio on
Q: Intestate, did transfer on death . does it include contents?

She finally freed herself, to late. Intestate, son in prison for drugs only after jail for breaking protection order from mother. Daughter I pink slipped, became to violent, has a guardian , is in a home. She broke all ties prior to illness, both very abusive. She refused to tell them anything or... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 21, 2020

The transfer on death deed does not transfer contents, only the house itself. The contents belong to the estate. After 3 years, it is unlikely that the heirs would make any claim if you sold the things, or had them hauled away. But they could. Talk to the attorney who prepared the TOD deed.

1 Answer | Asked in Divorce for Ohio on
Q: Can my ex demand psych evaluation?

Divorce is nearly complete, but suddenly my ex wants psych evaluations. This would include himself, his live-in girlfriend, and me. I’m fine with this, but he also wants my new boyfriend to undergo it. We’ve been seeing each other a month and aren’t living together.

Cathy Cook Esq
Cathy Cook Esq answered on Sep 19, 2020

I can only speak to Ohio, and it looks like you may live in another state. It is unusual for the court to allow psychologicals near the end of the case. It would be extremely unlikely for the court to consider an evaluation of a boyfriend. This is especially true if the boyfriend has no known... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: we was doing a land contract for 25,000 but defaulted the contract in the divorce results it says she is to be paid half
Joseph Jaap
Joseph Jaap answered on Sep 18, 2020

There is no way to answer without reviewing the situation. Use the Find a Lawyer tab to retain a local attorney to review the land contract and the divorce decree and advise you of the payment obligation to your ex-wife.

1 Answer | Asked in Civil Rights, Constitutional Law, Real Estate Law and Small Claims for Ohio on
Q: Im renting in ohio. An i allowed to deny a house showing if the realtor doesn't give me a 24 hr notice?

I'm technically in Lorain County. My landlord is cool but the realtor is now getting angry with my bf and I cause we were out of town for a showing that he failed to give a 24hr notice for. He's done it multiple times now and we have pets. What drew the line for him is when we refuse to... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 18, 2020

The realtor has no legal rights and cannot require you to do anything. You don't even have to talk to him if you don't want to. You certainly don't have to leave the key in the box. Ohio law requires a landlord to give reasonable (24 hour) notice of having someone come in for an... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: I live in Ohio and my ex boyfriend moved out the first part of may this year and he came and got 1 load of his stuff now

He wants to get the rest of his stuff and I was wondering what the time limit was on that

Joseph Jaap
Joseph Jaap answered on Sep 17, 2020

There is no time limit. If you don't let him get his things, he could file a police report against you for keeping it, and you could be charged. Or he could sue you. You could claim he abandoned it, and the court would then decide.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.